Open Source Software Due Diligence Checklist

Summary

This checklist outlines essential elements an acquirer should consider when conducting due diligence of a target company's open source software, policies, and practices. The checklist contains practical guidance to review open source software currently in use, to evaluate open source license compliance, to assess existing open source license policies, and to evaluate legal risks. Whether your client is acquiring a software company or not, every company today uses software in their business and may possess, use, or distribute software that contains open source components. As a result, every acquirer should conduct due diligence to identify potential issues and risks related to a target company's use of open source software.